1416. Adulteration of granulated wild cherry bark and ground buckthorn bark.
V. S. v. 2 Barrels of Granulated Wild Cherry Bark and 1 Bag of Ground
Buckthorn Bark.    Decree of condemnation.    Products ordered destroyed.
(F. D. C. No. 13090.    Sample Nos. 77418-F, 77419-F.)
On August 3,1944, the United States attorney for the Southern District of New
York filed a libel against 2 barrels, each containing approximately 213 pounds,
of granulated wild cherry bark and 1 bag, containing approximately 100 pounds, of
ground buckthorn bark at New York, N. Y., alleging that the articles had been
shipped on or about February 15 and March 30,1944, by S. B. Penick & Co., from
Jersey City, N. J.
The articles were alleged to be adulterated (1) in that they consisted in whole
or in part of filthy substances by reason of the presence, in the wild cherry bark, of
insect parts, mites, insect excreta, and rodent hairs and, in the buckthorn bark,
of insect parts, mites, and rodent hair fragments; (2) in that the articles had been
prepared, packed, or held under insanitary conditions whereby they may have be-
come contaminated with filth; and (3) in that they purported to be and were
represented as wild cherry bark and buckthorn bark, drugs the names of which
are recognized in official compendia, the United States Pharmacopoeia and-the
National Formulary, respectively, but their quality and purity fell below the stand-
ards set forth in such compendia, since they were contaminated with filth.
On April 11, 1945, the sole intervenor having withdrawn its claim and answer,
judgment of condemnation was entered, and the products were ordered destroyed.
DRUGS AND DEVICES ACTIONABLE BECAUSE OF DEVIATION FROM
OFFICIAL OR OWN STANDARDS*